Transfer of workmen from one unit to another, on account of recession in other unit, does not constitute unfair labour practice

The applicant is the Manager of accused Company and it is his case that due to recession, the Company could not get the work at unit situated at Sunav- Kasor Road, at Piplav, District Anand, therefore, Company decided to transfer some of the employees for the limited period for carrying out the work at Manjusar unit.

In this regard, the plea of workmen was that they were harassed in one or the other manner and 35 workmen were transferred to a remote location by the Company namely Manjusar, Vadodara district about 90 kilometres away without any arrangement of transportation so that the workmen would leave the union and by doing so, the company has indulged into unfair labour practices

On overall consideration, the transfer order does not appear to be malafide to affect the trade union activity. The transfer has been effected so that workmen continue to get work at Manjusar unit. The transfer was also for a short period, otherwise, there was no work. There was no unfair labour practice and the decision to transfer was bonafide because of prevailing recession at Sunav- Kasor unit, hence the complaint liable to be quashed.

Appearing counsel/s : Mr Prabhakar Upadyay, Ms Nisha Thakore

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